Seth Barrett Tillman: Today’s Question On CONLAWPROF: Where Would You Put Trump?

Professor ZZZ asks: “Trump is not Stalin but in the history of national (federal) political figures in this country, I’m wondering … where [would] you put Trump? … Having a POTUS so publicly awful along those lines lowers the horrible bar so dramatically that we will pay for years to come. Not being Stalin but being Roy Cohn is a hell of a legacy.”
 
Tillman responded:
 
[. . .]
 
Trump is ahead of Woodrow Wilson: World War I, and! his resegregation of the federal civil service. I grant you that being ahead of Wilson is not saying much…but then, the nation survived Wilson, and no one today thinks of Wilson as having lowered the bar vis-a-vis future presidents. Professor ZZZ seems to be worried about this. He wrote: “Having a POTUS so publicly awful along those lines lowers the horrible bar so dramatically that we will pay for years to come.” Really?—Will we pay for it in years to come, or is this just a shabby slippery slope-type argument?
 
I cannot say I see much sense in Professor ZZZ’s references to Roy Cohn. Roy Cohn’s permanent claim to fame is his association with McCarthy and aggressive anticommunism. Trump, by contrast, has been criticized for being too close to Putin. It is not exactly the same; actually, the two are not alike at all.
 
If words and pretty speeches are the measure of a president, then Trump comes up short. The question is whether that is the correct standard for measuring presidents in a dangerous world.

Read the whole thing.

Seth’s last line is a good summary of the general flaw with many anti-Trump arguments. However, Seth doesn’t go far enough with specific examples:

-Trump didn’t withdraw US forces precipitately from an overseas conflict, leaving the worst of our enemies to fill the resulting power vacuum as Obama did in Iraq.

-Trump didn’t reverse longstanding US policy, deprecating alliances with pro-American countries, in a foolish and futile effort to buy the love of the Iranian mullahs as Obama did.

-Trump didn’t let himself get played by the North Korean dictatorship as Clinton, both Bushes and Obama did.

-Trump didn’t use the IRS to harass his political opponents – as Nixon threatened to do, as the Clintons did to right-wing activist organizations, and as Obama did to organizations and individuals who were active in the Tea Party movement.

-Trump didn’t use the FBI and CIA to spy on his Democratic rivals’ election campaigns as Obama seems to have done to Trump’s 2016 presidential campaign.

I can think of numerous other examples of unwise or malicious actions taken by previous presidents that Trump hasn’t done. Feel free to add additional examples in the comments.

Rep. Ocasio Luxury Yacht

Sarah Hoyt:

But we should not treat their instrument, sent forth to try to break our system, as some kind of serious intellectual, or even, as I’ve heard Representative Full Stop called, “energetic and full of potential” or some other idiocy.
 
We did that with Obama, a man who couldn’t string two words together without a teleprompter, and what did it get us? Nothing. It got the establishment confirmed in their idea that he was “very smart” and “a deep thinker.”
 
Most of the “intellectual establishment” and the artificers of public discourse are not themselves smart at any level. What they are in fact is good at reading social capital.
 
[. . .]
 
Do you like losing the culture? Are you committed to handing future generations to the left by default? Are you absolutely sure the best possible thing would be for the narrative of the left to become universal?
 
No? Then start making fun of them. Every chance you get, you push their nose in. You make them so ridiculous that even the left is ashamed to count these total idiots in their number.
 
And frankly, there are few more idiotic than Representative Full Stop.

Well stated and worth reading in full.

Seth Barrett Tillman: Conlawprof, Voters, and Brexit

Professor BBB wrote: “Not to mention the lies and manipulation of the Leave campaign, which just exacerbated the problem [for voters].” Notice how Professor BBB feels no need to explain what those lies were or how voters were manipulated or how significant the misinformation was. But just so there is no confusion—there were lots of people on hand to argue the other side. Look at the list. I wonder how is it that they were unable to make themselves understood in a publicly funded vote?
 
Who Supported Remain?
Her Majesty’s Government was for Remain.
The leading opposition parties were for Remain.
 
[. . .]
 
[long list]
 
[. . .]
 
The Bar and the legal profession were for Remain. But …. I repeat myself.
 
Now ask yourself: precisely, who was on the Leave side?
Just some voters—and what do they know?
 
But here at Conlawprof—we are all good democrats—honest & true.

Read the entire post.

Seth Barrett Tillman: Free Speech in Andrew McCabe’s America: A Post on Conlawprof

Important points:

In his 60 Minutes interview, former acting FBI director McCabe said:

There were a number of things that caused us to believe that we had adequate predication or adequate reason and facts, to open the investigation. The president had been speaking in a derogatory way about our investigative efforts for weeks, describing it as a witch hunt… publicly undermining the effort of the investigation.

https://www.lawfareblog.com/thoughts-andrew-mccabes-60-minutes-interview (emphasis added).
 
Is not this statement troubling, if not Orwellian? Think or speak the wrong thing—and the government investigates you? In a 2017 blog post on New Reform Club, I wrote about this issue as follows:

Read Seth’s full post.

Too Pessimistic

The Origins of Our Second Civil War by Victor Davis Hanson.

The first half of this VDH piece seems over-the-top. Would the intermarriage and cultural assimilation that he cites in his next-to-last paragraph be happening if the situation were as bad as he thinks? Or is the country mostly culturally sound but burdened with dysfunctional elites dominating politics, big business, the universities and the media.

This part is good:

Again, Obama most unfortunately redefined race as a white-versus-nonwhite binary, in an attempt to build a new coalition of progressives, on the unspoken assumption that the clingers were destined to slow irrelevance and with them their retrograde and obstructionist ideas. In other words, the Left could win most presidential elections of the future, as Obama did, by writing off the interior and hyping identity politics on the two coasts.
 
The Obama administration hinged on leveraging these sociocultural, political, and economic schisms even further. The split pitted constitutionalism and American exceptionalism and tradition on the one side versus globalist ecumenicalism and citizenry of the world on the other. Of course, older divides — big government, high taxes, redistributionist social-welfare schemes, and mandated equality of result versus limited government, low taxes, free-market individualism, and equality of opportunity — were replayed, but sharpened in these new racial, cultural, and economic landscapes.

The rest of the piece is also good and points out how the country’s situation might improve. “A steady 3 to 4 percent growth in annual GDP” doesn’t seem very far from where we are. University reform seems likely as the public increasingly catches on to the corruption and excessive costs of higher education. Race relations seem to improve when not politicized. Spiritual and religious reawakenings happen every few generations.

Keyboard trash talk and dark speculations about violence and civil war are not the same as actual violence. They might even be safety valves to release transient passions, cautionary tales, for everyone outside of a tiny lunatic minority. (The lunatic minority who are spurred to action by online/media hype are a serious problem, but not mainly a political one except as regards public and hence political unwillingness to force treatment on recalcitrant individuals with severe mental-health issues.)

Today’s political violence is a problem but not one at the level of 1968 much less 1861. Almost all of the action now is in the political realm. There is little reason to expect an intractable impasse on a fundamental issue as in 1850-60 over slavery. There is no substantial constituency favoring civil war as there was in 1861. The modern federal government is huge, profligate and obnoxious, but risk-averse deep-state bureaucrats and crony-capitalist opportunists aren’t going to take physical risks to defend the status quo. The political process still responds to public concerns about governmental overreach, which is probably a large part of why Trump was elected. There is also enough collective memory of the last civil war and its awfulness to discourage enthusiasm for a replay from anyone who is sane.

None of this is to say dire predictions won’t come to pass, but that’s not the way to bet. The country has been through harder times and surmounted them through politics rather than violence. My money’s on the basic soundness of our culture and political system this time as well.